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TALBERT v. U.S.

No. 90-2601.

932 F.2d 1064 (1991)

James C. TALBERT, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and Department of Commerce, its Agents and Employees Including the Secretary of Commerce, Director of Personnel, and Susan Gambino, Employee of Commerce Personnel Office, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 20, 1991.

Attorney(s) appearing for the Case

Kenneth Anthony Pels, Sr., Borzilleri, Baker & Pels, Washington, D.C., for plaintiff-appellant.

Christopher Bowmar Mead, Asst. U.S. Atty., Baltimore, Md., argued (Breckinridge L. Willcox, U.S. Atty., Baltimore, Md., Donald J. Reed, Sr. Atty., Gen. Counsel, U.S. Dept. of Commerce, Washington, D.C., on brief), for defendant-appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and KISER, District Judge for the Western District of Virginia, sitting by designation.

WILKINSON, Circuit Judge:

Appellant James C. Talbert filed suit under the Federal Tort Claims Act ("FTCA") against the United States and the Department of Commerce alleging negligent maintenance of his personnel records. Because any injury to Talbert would involve the communication of allegedly defamatory information, we hold his claim barred by the exemption from liability for libellous statements in § 2680(h) of the FTCA.

I.

According to his...

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